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Potential Bechinah Questions
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Potential Answers
Gemara
1. Minchat Chinuch: Only Lechatechilah, Griz: Mamash Pasul. 1
2. Raavad: She doesnt lose her Ketubah, because . Ran: Yes, she
does.2
3. Hodaat Baal Din, Shavyah Anafshah Chatichah deIssurah, Ed Echad.3
4. R Elchanan: Its not Ed MiPi Ed when the Hagadat Edut was (according to some,
accepted) in Beit Din.4
5. Its not called Hodaat Baal Din that it should need an Amatlah to allow one to
retract.5
6. According to the Ohr Sameach, its an extension of Shavyieh Anafsheh, so Amatlah
works to back out. If its like Edut, then the Ran says you cant back out if it was said
in front of Beit Din.6
7. Mishnat Chachamim: Its always three, except certain cases.7
8. Yad Ramah: We arent Toen Divrei HaRav for Shaliach leDavar Aveirah; rather, he
has to do it for himself. Rav Moshe: Theres a din of Mesit by all Aveirot, even if
theres no issue of Lifnei Iver. Rav Schachter: Pashtut is the Gemara is only on
Mesit, like Rashi on Chumash that the Nachash told her Kefirah, that she could be
like Hashem by eating from the Etz HaDaat. Thats also called Mesit.8
9. Shach, Dagul Mervava: Yes, is only for observant Jews. The
Rav: Assur. Rav Moshe: Mesit, but perhaps Muttar if the information is relayed in
the right manner and they know they wont get Kibbudim.9
10. Raavad: The Rambam means literally presenting Dinim DeRabbanan as DeOraita is
Bal Tosif, and hes wrong, because we do it all the time with Asmachtas. Reb Chaim:
No, thats just an Issur Sheker; rather, the Rambam means applying the Chumrot of
DeOraitas to DeRabbanans. Peri Megadim: There are two types of Asmachtas:
Asmachta Bealma is a Din DeRabbanan, while a regular Asmachta is a Din Min
HaTorah thats Merumaz in the Pasuk. Rav Schachter: The Raavads Lashon was
Asmachta Bealma.10
"
11. Pashut Peshat: Theres a complete transfer of ownership at the end of the Halvaah.
Rashi: The money still belongs to the Malveh; rather, the Loveh just has the right to
spend it.11
12. Rama: No. Shach: But Milveh LeHotzaah Nitenah! Must be a Taut Sofer. Tumim:
The money still belongs to the Malveh; rather, the Loveh just has the right to spend
it.12
13. Peri Chadash: Because we pasken like Tosafot that a Kattan is Koneh Min HaTorah
when Daat Acheret Makneh. The money still belongs to the Malveh; rather, the
Loveh just has the right to spend it. Ketzot: But we pasken Tovat Hanaah Eino
Mammon; rather, it belongs to Shevet Kehunah already. Netivot: The whole
question is wrong: one does not need to be Makneh Matnot Kehunah.13
14. It isnt Shelo, it isnt Birshuto, and it isnt worth a Shaveh Perutah to be sellable.14
15. R Akiva Eiger: The Kellal is only true by a weak Rov, while this is a strong one.
Meaning, its a Ruba deLeta Kamman and works. Reb Chaim: No, whatever is
probably the case is included in the Hagadat Edut of the Shtar, as long as theres
Tefisat and Taanat Baal HaShtar.15
16. Shach, Beit HaLevi, Reb Chaim: New type of Neemanut vs. Ed Echad neged
Chazakah. When its Ed Echad neged HeChazaka, like claiming the food is kosher, the
Beyado avoids making Ed Echad beHakchasha, and leaves him inherently neeman.
However, when it the beyado is what grants the Ed Echad his Neemanut in the first
place, it doesnt help him avoid the Hakchasha.16
17. Ran: Doesnt belong to the owner. The Soloveitchiks: The Rambam didnt take
Mammon Gavoah literally, so it still belongs to the owner beDin; rather, its just a
Melitzah.17
18. Tashbetz: Were choshesh when theres a Safek Sakanah. Ran: Inyanei Haflaah.18
19. Some Acharonim: Not Assur Min Hatorah, because its less than half. Rav Schachter:
Absolutely wrong.19
20. There are two Dinim of Mikveh: One Mikveh of 40 Seah and another of Reviit. Only the
former works for Adam, while Kelim can be put even in the latter.20
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21. Kulo Shauv is a Machaloket Rishonim and Acharonim. Gimmel Lugin Shauv is
definitely MiDeRabbanan.21
22. , , and .22
23. , , and .23
24. Meshech Chochmah: No. Rav Schachter: The Gemaras all say yes.24
25. Tosafot: is only Pattur on but not , since its
closer to . Not even quoted in Shulchan Aruch.25
26. .26
27. Beit HaLevi: Its a sufficient Birur for Mammonot and even enough to put him in the
Kipah by Nefashot, but Mitat Beit Din needs an Edut LeGuf HaMaaseh, not just a
Birur.27
28. Ohr Sameach: No, the guilty party is a Gavra Ketilah already, so theres no need. Rav
Schachter: The whole thing is wrong: Shaliach Beit Din is Mitzvato beKach. Huttar
Michlalo is a different din.28
29. R Akiva Eiger: Right away. R Elchanan Wasserman: From Gemar Din.29
30. Turei Even: If you assume you need in all cases, isnt it
if they come on separate days? Cant the first Ed Sheker claim he only wanted to be
Mechayev a Shevuah, not to kill the guy. Rav Moshe Soloveitchik: Beit Dins job is to
figure out which punishment to administer when theres more than one possibility,
not what the Edim are thinking. Theres no room for reinterpretation when they
agree that the Baal Din is Chayav money, unlike , which can be understood
as either or . Rav Schachter: It was motivated by the fact that theres
no concept of Baalei Din and Taanot in Dinei Nefashot, only Baal Davar. Perhaps the
Makor for giving the lesser punishment is .30
31. Tosafot: The Gemara only says by exceptionally compelling Sevarot, but
weaker, more questionable Sevarot, need a Sevara.31
32. Rambam: Some say that its really part of Masechet Sanhedrin, but the correct
answer is that are the responsibility of the Dayanim.32
33. Tosafot Rid: He's Ne'eman Min HaTorah like any Ed Echad beIssurin. R' Chaim Ozer:
Can't be! The Gemaras later say it's a Kullah MiDeRabbanan. Tosafot: Chazal can be
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Inyanyim Shonim
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1. Magen Avraham: A special parasha for Miriam is a Genai, so we fulfill the Zechirah with the
regular Sidra instead of making a special Keriah. Torah Temimah: Thats why we read
Parashat Parah, as an implicit Zecher for the Egel HaZahav.43
2. Ramban: Either to prevent ruining the Simcha or because they were Nimshechu beShemen
HaMishcha. Reb Chaim: A Meshuach Milchama has Kedushat Kohen Gadol, but not Minui
Kohen Gadol.44
3. Tosafot: No. R Akiva Eiger: The Gemaras say yes!45
4. Zichron Yehudah: No.46
5. Since they breed with cows, the mesorah for cows transfers along with the Kashrut.47
6. Torah Temimah: They claim to have found such an animal.48
7. Rav Schachter: Officially, the OU gives a Hashgacha on Turkey for those who have a
Mesorah. The Ashkenazim do not have one, and they cant pick up the Sephardi one,
either.49
8. Rambam: Only Yad Shachat Dam. Raavad: All Mashkin.50
9. Entering Har HaBayit, Safek Tuma, Tuma Huterah beTzibbur, Challat Chutz LaAretz
(MiDeRabbanan).51
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